[Solved] CSA & DNA

I'll ask the CMO if they can advise on this.

I would say that it should make no difference to your husbands job that the CSA are having arrears deducted from his earnings, but I'm very surprised that you wouldn't have been contact prior to this.

Any help please!!!!!!!!!?????????????

Hi,

It usually takes a few working days for the guys from Child Maintenence Options (CMO) to respond, so I imagine they'll be around later today or tomorrow.

I'll ask someone to give them a gentle nudge!

FM '70

Hi Stef, my name is Sarah and I'm a consultant for the Child Maintenance Options service. Sorry for the delay.

If he hasn't done so already, your partner should contact the CSA immediately and tell them that he believes he is not the father. A process will then start to determine whether he is the father or not. This may involve a DNA test, which usually has to be paid for by the person disputing parentage.

More information about disagreements over parentage can be found here.
http://www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199163
http://www.direct.gov.uk/en/Parents/ChildMaintenance/IfyourealreadyusingtheChildSupportAgency/DG_199107

Regarding arrears - Child Support legislation states that the paying parent's responsibility to pay begins on the date that they are notified (verbally on in writing) of the application to the CSA. If the paying parent does not deny parentage straight away and then misses payments, arrears are built up.

In terms of affordability - child maintenance is worked out using the paying parents income. The calculation takes into account any shared care of the child, and any other children they are responsible for. However, the CSA does not take into account outgoings/bills or savings. These rules are set out in child support law.

If your payments seem too high, it may be that the CSA doesn't have the correct information about your partner's circumstances. For example, they may have the wrong income information and they may not know about your two children. The best thing to do is contact the CSA and check the information they have.

The CSA is allowed to contact the paying parents employer if they don't make payments.

Finally, due to the Data Protection Act, the CSA cannot share the other parents details with you.

For more information about how the CSA works, visit www.direct.gov.uk/childmaintenance.

If you have any other questions, please post them on here and I will do my best to help. Alternatively, you can visit our website www.cmoptions.org, or call for a confidential chat on 0800 988 0988.

I hope this helps.

Sarah

Thanks for replying.
As soon as we recieved the first letter he called the csa immediately. He told them that he had never known anything about this child. That he doesnt believe he is the father. They then told him as you have said that he would have to pay for a DNA test which would cost a minimum of £600, which we simply cant afford. Also that if the DNA proves that he is the father then he will have to pay significantly more.

We recieved our first letter approximately 3 weeks ago, although the CSA are saying that they sent us letters in 2008. As i saod before we have never recieved any letters from the CSA prior to this. We have never known about this child so have never had chance to have any contact. The mother has never tried to contact us to let us know.

We have contacted the CSA in regards to the payments. We have told them the total household incomings and outgoings, savings which we have none. We also told them that we have 2 children of our own and that the payments they are wanting to take are putting us in severe financial difficulty. They then replied with words to the effect of "tough luck, you have to pay this amount".

We have never had chance to make any payments, the CSA just took it out of my partners first available pay check.

Surely it shouldnt be legal that a person can take money from you, for someone that isnt proven to be yours and to such an extent that it puts your own childrens welfare and your welfare at risk.

Thanks for your help in advance.

Hi

I'm afraid that as things are, he will have to prove that he is not the father and the only way is the DNA test. I'm not sure why you would have to pay more if it proves positive - there is a formula for maintenance and it is totally independant of a DNA test. In addition, the cost seems very excessive. I would question the CSA on the cost of this and exactly on what basis the maintenance would increase if the test proves that he is the father. I would also ask for confirmation of where the letters were sent and how many were sent (in fact, I would ask for copies of the letters). If your partner thinks that there is a good chance that the child isn't his, I really would suggest paying for the DNA test as it will cost much less than maintenance (and he may be able to get the cost of the DNA test refunded if it proves negative) for a child that isn't his.

Thanks for your help. Also the csa told my partner that if he works overtime to try and keep us out of more debt, they will simply take more money from him. can they do that?

I'm afraid so. The CSA work out maintenence based on your husbands net monthly earnings. ACTD has made some useful suggestions, which I think you should explore. I can't see how the CSA could increase maintenence payments if your husband proves to be the father, as they surely believe this to be the case already?

The figure of £600 feels quite excessive and would be cost prohibitive for many people. I always thought the test was cheaper than that and, as ACTD has already mentioned, I understand that the cost is recoverable should DNA test prove that your husband isn't the father.